Writ Petition No. 239 of 2016

Bench: Justice Abhay Manohar Sapre: Justice Ashok Bhushan

Case Brief: In the present case, there are bunch of writ petitions involving the common issues as stated by the learned counsel appearing for the parties thereto, as such the bench decided to make a common decision for all of them. Here, notably, the writ petitions are filed under Article 32 of the Constitution of India for claiming some reliefs. In the facts of the case, the writ petitioners here are the private tour operators whose work is to send pilgrims for Hajj. The petitioners contented to be duly registered and qualified tour operators who have so far undertaken several tours for Hajj successfully in the past and they should not be debarred from undertaking the similar tour for the year 2016. The bench observed that the writ petitioners have a grievance based on some kind of apprehension that their applications, which would be made or which are pending with the authorities for grant of permission to undertake Hajj tour for concerned year, are likely to be or would be rejected, thereby making their apprehension a reality and grievance infructuos. However, the Union of India informed that no decision had been taken by authorities on any such applications made by writ petitioners. Also, the respondent- government sought to maintain that the writ petitioners should make such applications and the authorities will then be deciding the same on their own merits.

As such, this bench decided to grant liberty to the each of the writ petitioners to make a fresh application with all the necessary documents which are prescribed for the grant of permission to take the pilgrims to Hajj tour for the concerned year, by the given date. And the concerned authority is directed examine and consider and also decide the each such application on its own merits strictly as per law and also keeping in mind the ratio provided by this court in the earlier judgements. The authority is also directed to decide such applications in a month period. As such, the present bench disposed of all such writ petitions.